Baoshan Court issued this year’s first “personal safety protection order” ruling
The family is the basic cell of society.On March 5, the Supreme People’s Court, the All-China Women’s Federation and other departments jointly issued the opinions on Strengthening the Implementation of the habeas corpus system.Article 16 of the Opinions clearly stipulates that when serving a wrIT of personal safety, the people’s court may serve a notice of assistance in execution together with the local police station, neighborhood committee and village committee, and relevant units shall provide assistance in accordance with the content of the notice of assistance in execution.Recently, the Shanghai baoshan district people’s court (hereinafter referred to as baoshan court) issued by the baoshan court in 2022 the first “safety protection” orders, and issued by the Shanghai court the next day the first “safety protection” of “the notice for assistance in execution,” live from the applicant service station and residents’ committees and other departments,And inform the relevant departments to perform their functions in time, rescue and protect the safety of the applicant, and implement the protection order.The applicant Ms. CAI and the respondent Mr. Ji are husband and wife. Due to emotional discord between the two parties, Ms. CAI sued for divorce in May 2021, but the court did not judge the divorce because it did not meet the legal conditions for divorce.After the court ruled against the divorce, Ji, instead of trying to improve the couple’s relationship, repeatedly pestered, abused, threatened and beat CAI, who had separated, making it impossible for her to live and work normally.Horrified, CAI filed a divorce suit again with the Baoshan court, along with a habeas corpus petition.On March 7, the presiding judge of the case accepted the case, and immediately interviewed Ms. CAI at noon that day to understand the specific situation.Ms. CAI submitted to the court several copies of the public security organ’s receipt of reports, the public security organ’s administrative punishment notice for Mr. Ji’s assault, and Mr. Ji’s abusive and threatening text messages to Ms. CAI, which are enough to prove that Mr. Ji did commit domestic violence against Ms. CAI.After receiving the corresponding administrative punishment and warning from the public security organ, Mr. Ji still failed to stop the above behavior, which was relatively bad in nature.”Now I have a home I can’t go back to. I have to hide out and sleep here and there. He (Ji) can’t know where I live…””Ms. Chua cried to the judge.In order to understand the situation, the judge called the respondent Mr. Ji on the spot, but Mr. Ji refused to come to the court to explain the situation, citing that he was out of town and could not come to the court.In order to further find out the facts, the judge communicated with the village committee and police station where Ms. CAI lived by telephone and verified the case.After review, the Baoshan Court considered that the applicant Ms. CAI’s application met the conditions for issuing a writ of personal safety protection.On March 9, the court decided to inform Ji by way of online conversation, taking into account ji’s self-statement that he was “away from home”.But when the time came, Ji failed to show up at the other end of the network, explaining that “I am in the countryside and there is no network signal”.On the one hand, the judge informed the court of the decision to issue the wrIT of habeas corpus by telephone and subsequently served it according to law. On the other hand, the judge admonished the respondent Mr. Ji for his domestic violence and informed him of the legal consequences of violating the writ of habeas corpus.For the implementation of safety protection system of the specific implementation, on March 10, according to the anti-family violence law and the provisions of the “opinions” baoshan court to chua’s village committee, the district police station three departments, women’s federations to Shanghai the first personal safety protection order the notice for assistance in execution, and inform the related department to help perform their functions in a timely manner,Rescue and protect the safety of the applicant and implement the protection order.The three departments attached great importance to this matter, and the principal person in charge signed and received the Notice of Assistance in execution, and said that they would actively cooperate with the corresponding assistance in execution within the validity period of the personal safety protection order.Among them, the women’s federation and the village committee also expressed their hope to invite the court to publicize anti-domestic violence and prevent domestic violence in the early stage as much as possible.”Although the law against Domestic Violence enacted in 2016 has established a legal system for the protection of personal safety, it has also effectively prevented and stopped the occurrence or recurrence of domestic violence.However, in judicial practice, the implementation of the writ of habeas corpus is generally stipulated, and the duties of relevant departments are not clear in the specific implementation, which affects the effective play of the writ of habeas corpus.The opinions jointly issued by the seven departments set out corresponding provisions on the principles to be followed by the writ of habeas corpus, the specific duties of each department and the obligation to assist in the execution of the writ, which is conducive to the further implementation of the system.”Said the presiding judge.